NALLEY v. STATE OF NEW YORK


25 Misc.2d 1093 (1961)

Raymond A. Nalley, Jr., Claimant, v. State of New York, Defendant. (Claim No. 38551.)

Court of Claims.

January 16, 1961.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Harold S. Coyne of counsel), for defendant. Sumberg, Leonard & Leone (F. Joseph Leone of counsel), for claimant.


SIDNEY SQUIRE, J.

These are two motions. Initially, the State moved to dismiss the claim herein filed on November 22, 1960 because it violated the pertinent Statute of Limitations. Thereupon the claimant cross-moved to permit late filing of his claim or in the alternative (should it be determined that said pleading was untimely filed) to treat his filed "Notice of Intention to File a Claim" as the "claim" itself.

The events on which claimant predicates...

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